Legal Opinion

Bennett v. State

Court of Appeals of Georgia

Decided June 13, 1917No. 8542Published

Indictment for misdemeanor; from city court of Valdosta— Judge Cranford. February 9, 1917. The indictment charged the accused with maintaining and keeping a lewd house, in that he put a nained woman into the house under an executory contract of sale, with the intention on his part that she should maintain and keep it as a lewd house, and that she did maintain and keep it as a lewd house.

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Indictment for misdemeanor; from city court of Valdosta— Judge Cranford. February 9, 1917. The indictment charged the accused with maintaining and keeping a lewd house, in that he put a nained woman into the house under an executory contract of sale, with the intention on his part that she should maintain and keep it as a lewd house, and that she did maintain and keep it as a lewd house. From the' evidence at the trial it appeared that the defendant made an executory contract for the sale of the house to the woman named, giving her a bond for title to the property, under which she went into…

1Opinion of the CourtLuke, J.

1. A person making a bona fide sale of real estate does not thereafter have such right of control or possession, or occupy such accessorial relationship to the purchaser, as to make him guilty of aiding and assisting the purchaser in maintaining a lewd house, if the property be put to such, use. Aliter where a person knowingly allows a house or portion of a house in his possession, or over which he has control, to be used as a lewd house. So much of the decision in Kinard v. State, 10 Ga. App. 133 (72 S. E. 715), as is in conflict with this ruling will not be followed, and is overruled.

2. The…

2Cases cited1 opinion

  1. Kinard v. StateCourt of Appeals of Georgia · 1911

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